2.3.1. Provisions of the Directive

The legislator decided not to adopt the concept of "weak and vulnerable" consumer as the generally applicable standard. Nevertheless, the Directive is based on the idea that it is appropriate to protect all types of consumers from unfair commercial practices and it, therefore, contains provisions to protect consumers whose characteristic make them particularly vulnerable to unfair commercial practices.

When commercial practices are likely to materially distort the economic behaviour of only a clearly identifiable group of consumers who, for various reasons, are particularly vulnerable to the practice or the underlying product in a way that the trader could reasonably expect to foresee, then the practices must be assessed from the perspective of the average member of that vulnerable group.

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